R v Macdonald; R v Maitland (No 4) [2022] NSWSC 1210

Supreme Court New South Wales

Medium Neutral Citation: R v Macdonald; R v Maitland (No 4) [2022] NSWSC 1210 Hearing dates: 6 September 2022 Date of orders: 6 September 2022 Decision date: 06 September 2022 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: Matter adjourned until 7 September 2022. Catchwords: CRIMINAL PROCEDURE – trial – adjournment – application granted Category: Procedural rulings Parties: Regina (Crown) Ian Michael Macdonald (Accused) John William Maitland (Accused) Representation: Counsel: P Hogan (Crown) R Rajalingam (Macdonald)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Michael Bowe Solicitors (Macdonald) J W Maitland (self-represented) File Number(s): 2015/59990; 2015/59940 Publication restriction: Nil

EX TEMPORE JUDGMENT (REVISED) 1. HIS HONOUR: Yesterday, an application was made by counsel for Mr Macdonald for an adjournment of these proceedings. In the course of granting that adjournment I set out the reasons why the adjournment was appropriate and provided some detail in relation to the circumstances leading to Mr Macdonald being unable to proceed yesterday. It was foreshadowed yesterday that more than one day would be required. That has turned out to be the case and in those circumstances, and having regard to the matters raised yesterday, I propose, again, adjourning the matter, with the trial to commence on Wednesday 7 September. 2. In the interim I would ask that those concerned allow Mr Macdonald, to the extent possible, to remain in the courtroom so that he can confer with his legal representatives in this environment. As I indicated yesterday, particularly in cases involving a large amount of documents, there is some difficulty in providing appropriate instruction in the environment of the court cells. 3. Secondly, I have been advised that the MRRC where Mr Macdonald is being held has received Mr Macdonald's box of documents. I would request that those responsible at the MRRC ensure that Mr Macdonald is given access to those documents when he returns to the gaol. In that regard I would also request that Mr Macdonald remain at court until 4pm today to enable him to use the time available to provide instructions to his representatives to ensure that we are in a position to proceed expeditiously. 4. The final matter is that the warrant for Mr Macdonald's attendance at court tomorrow will be endorsed to require his attendance at 9am to again ensure that he is in a position to provide instructions to his representatives.